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IN RE CONTINENTAL INS. CO.

No. 10-99-066-CV.

994 S.W.2d 423 (1999)

In re CONTINENTAL INSURANCE COMPANY, as successor in interest to certain policies issued by Harbor Insurance Company.

Court of Appeals of Texas, Waco.

June 30, 1999.

Attorney(s) appearing for the Case

James W. Walker, Katherine A. Grossman & M. Jarrett Coleman, Cozen and O'Connor, P.C., Dallas, Charles Alfred Mackenzie, Haley & Davis, P.C., Waco, for relator.

Roy L. Barrett, Keith C. Cameron, Naman, Howell, Smith & Lee, Waco, John H. Mathias, Jr., John D. Shugrue & Timothy W. Burns, Jenner & Block, Chicago, IL, Ralph H. Duggins, Cantey & Hanger, L.L.P., Fort Worth, for real parties in interest.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION DENYING MOTION FOR REHEARING

GRAY, Justice.

Union Pacific Resources has filed a motion for rehearing. In it they assert (1) that we failed to apply controlling law and as a result misplaced the burden of proof, (2) that if we place the burden of proof on Union Pacific Resources, we should allow them to go back to the trial court and present their evidence, (3) that we were mistaken in our belief that no evidence was presented by Union Pacific Resources...

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